Hi all, we are closing in on the end of our kinship care period and are going to mediation next week. We have been asked to consider permanent managing conservatorship as a resolution to this case, but will decline. I don't think CPS is confident in getting a TPR and the Biological mom is unwilling to relinquish voluntarily. The plan is concurrent and would be RU except Biological mom has felony endangerment charges that haven't been tried. Since her fate is in question, what to do about the case itself is problematical for the department. My question is, what does it mean to everyone and the law if a CPS case is dismissed? Is it like it never happened and isn't a factor if her children are removed again? Do they go back to her but still receive some form of services/monitoring or is CPS out of the picture? Any info would be greatly appreciated.
Every case is different, but in our case we took PMC because CPS knew that TPR was going to happen. We took PMC and are now in the process of a private adoption. If we had said no to PMC, CPS would have still left the child with us, but the adoption would have taken longer. It also removed CPS from the picture entirely and we were responsible for all the insurance and costs associated with having another child. It depends on your county( I'm in Texas too), but in my county they would not return the children if felony charges were pending on the parent. The only way for her to get her kids back is to work her plan to the letter. If the kids were returned, she would then be monitored by the dept for a period of 6-12 months and must still follow a service plan of home monitoring. If after 6-12 months, the dept finds no reason to continue monitoring her, then they would close the case. I would think that since they are asking you to take PMC, they know TPR is likely and they know the judge wants to know there is a permanent situation before he signs the order. Judges don't usually TPR until CPS has either an adoption home in place or a permanent home with PMC.
Interesting, as I was led to believe that they would not be able to get a TPR because she has worked her plan perfectly, except for these charges still pending. Biological mom's lawyer gave me the impression that they would not get TPR granted if it went to trial...but I do take what he says with a grain of salt. That's why I thought I would get more real-life accounts here. This is so confusing. CPS can't have an RU plan with the charges pending, the lawyer says they wouldn't have adequate grounds for TPR. This isn't technically true since I've read that the reasons they were removed are grounds, the Biological dad was MIA and isn't working his plan now, and this isn't the first time CPS has removed them. I haven't a clue what may happen if the kids can't be returned to her and we refuse PMC (though we would adopt) and the case is dismissed. There HAS to be a plan for the judge at the trial, though. Maybe that's it, she will decide their fate. My personal stand is appeal for an extension so that the criminal case is taken care of and go from there. If not done in the time allowed, then TPR and we adopt. I've been told that this isn't likely as the judge doesn't grant extensions except in extreme cases. Why not try, though? This is taking place in Brazos Co.
This is interesting. We were told that in almost all cases, judges grant the extension if the parents are doing anything at all. We are due for the year mark final hearing and have mediation this coming Friday but our attorney said to plan on the extension. I really wish we DID NOT have to wait another 6 months for all of this to be cleared up!
My personal stand is appeal for an extension so that the criminal case is taken care of and go from there. If not done in the time allowed, then TPR and we adopt. I've been told that this isn't likely as the judge doesn't grant extensions except in extreme cases. Why not try, though? This is taking place in Brazos Co.
At 12month mark(march 08) biodad had done NOTHING and had charges pending. Biomom had done a little. So we hired an attorney. We had mediation, which neither BP's showed up to, but Birth Mom participated by phone. Saying that her and BD refused to relinquish. We went to court there was NO extension granted, we declined PCM and TPR hearing was set. TPR was granted, they appealed and we did not have the final TPR paperwork and ok to adopt until January 09. We did not adopt until May 09! So everything takes a while. I would get the advise of an attorney tho. Also I think it depends on the age of the kid. Ours was 4 months at time of removal...so they had pleanty of grounds to tpr on, starting with best intrest of the child. They filed departmental abandonment on the BF since he had not been in contact with CPS or us. Is there an ad-litem? Ours was so INCREDIBLE! He really helped us with everything!
Yes, the children have a GAL who is very passionate in their representation. We are waiting for trial by jury, which will happen in a little over two months. I guess I'll just worry about everyone until it's over.
Im glad they have a GAL! If you are going to jury trial you may want to have an atty. You never know how its going to go with jury's good luck tho!
My daughter's case had TPR before they ever have an adoptive home. It drug on for years though. The thing I hate about PMC is that the child would lose the subsidy if they qualified for one. Not that I am all about the money, but that is a college education if there is a subsidy. Our SW told us that this the something for the child and to fight for it. Good luck in whatever happens.